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Reso 4010APPLICATION 23-JIM-87 CITY OF CUPERTINO 10430 S. De Anza Blvd. Cupertino, California 95014 RFSO1=0N NO. 4010 OF THE PIAN11ING COMMISSION OF THE CITY OF CUPERTIM APPROVING A PARCEL MAP TO SUBDIVIDE ONE PARCEL INTO FOUR PARCELS FOR RESIDE17TIAL USE PURPOSES SECTION I • FINDINGS F*XRFA.S, the Planning Commission of the City of Cupertino received an application for •a Tentative Subdivision Map, as described on Page 2 of this Resolution; and wHERFAS, the necessary public notices have been given as required by the subdivision and Procedural Ordinances of the City of Cupertino, and the- - ­ Planning Commission has held at least one Public Hearing in regai:a to the application; and jmmEAS, the Planning Commission finds that the application meets the following requirements: rements: a) That the proposed subdivision map is consistent with the City of Cupertino General Plan and any applicable Specific Plan. b) That the design or improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. - c) That the site is physically suitable for the type and intensity of development contemplated under the approved subdivision. d) That the design of the subdivision or the proposed improvements are not likely are not likely to cause substantial environmental damage" - nor substantially and avoidably injure fish and wildlife�or- their habitat. • e) That the design of the subdivision or the type of improvements associated therewith are not detrimental to the health, safety, peace, morals and general welfare of persons residing or working in the vicinity of the subdivision. f) That the design of the subdivision and its associated improvements will not conflict with easements acquired by the public at large for access though or use of property within the proposed subdivision. °--­t - g) That the proposed subdivision promotes the attainment of energy efficiency and conservation of housing stock, as provided in General Plan Policy. RESOILTION LIO. 4010 (23-04-87) 11/09/87 Page -2- NOW, T7MUTbRE, BE IT RESOLVED: That upon careful consideration of maps, exhibits, facts, testimony and other evidence submitted in this matter, the application for Tentative Subdivision Map is hereby recommended for approval, subject to the conditions enumerated in this Resolution beginning on Page 2 thereof; and BE IT FURTHM RESOLVED: That the subconclusions upon which the findings and conditions specified in this Resolution are based are contained in the Public Hearing Record _ concerning Application 23-'IN!-87, as set forth in the Minutes of the Planning Commission Meeting of November 9, 1987, and are incorporated by reference as though fully set forth herein. II) SUS7'ECT Application No(s) 23--TM-87 `- Applicant: William Avery Property Owner: William Avery Location: South side of McClellan Rd. at Mira Vista Dr. SECTION III• CONDITIONS ALT=STERED BY THE PUBLIC WORKS DEPARMMNT 1. STREET IMPROVEMENTS & DEDICATION Street widening, improvements, and dedications shall be provided in accordance with City Standards and specifications and as required by the City Engineer. 2• CURB, GUTTER & SIDEWALK Garbs, gutters, sidewalks and structures shall be installed to grades and be constructed in accordance with standards specified by the City Engineer. A sidewalk may be required upon development of the Sims property on the East side of McClellan Road. Upon demonstration of benefit to the subject development, the developers may be required to participate in the cost of future off -site sidewalk improvements. 3. LSGHTING Street lighting shall be installed and shall be as approved by the City Engineer. on -street lighting shall be as required by the Architectural and Site Approval Committee and ordinances and regulations of the City. All on and off -site lighting shall be designed to in no way interfere with adjacent areas and shall be no higher that the maxitmmm height permitted by the zone in which the property is located. RESOLUTION NO. 4010 (23-'IId-87) 11/09/87 Page -3- 4. FIRE HYDR IM Fire hydrants shall be located as required by the City. TRAFFIC CONTROL SIGNS Traffic control signs shall be placed at locations to be specified by the City. 6. STREET TREES _ Street trees will be planted in the public right-of-way and shall be of a type approved by the City. 7 . PEDES'TR .AN EASEhgNP pedestrian easements over the sidewalk area (described in Condition 19b2) shall be prepared by the developer, approved by the City - Attorney and recorded against the subject property prior to issuance of building permits. 8. GPADING Grading shall be as approved and required by the City Engineer in accordance with Ordinance No. 214(a). 9. DRAITUIGE Drainage shall be provided to the satisfaction of the City Engineer. 10. UNDEPOZOlND UTILSTIES The developer shall be responsible for complying with the requirements of the Underground Utility Ordinance No. 331 and other related ordinances and regulations of the City of Cupertino, and shall make the necessary arrangements with the utility companies involved for the installation of said facilities. The subdivider shall submit a detailed plan showing utility underground provisions. (This plan must have prior approval of the utility companies and the City Engineer.) � • - is • a- �a is The project developer shall enter into a development agreement with the City of Cupertino providing for payment of fees, including but not limited to checking and inspection fees, storm drain fees, park dedication fees and fees for undergrounding of utilities. Said agreement shall be executed prior to issuance of construction permits. 12. ELECTRICAL AND TELEPHONE TRANSEPIOU R.S Electrical and telephone transformers shall be screened with fencing and landscaping, or undergrounded, such that they are not visible from public street areas. RESOI=011 NO. 4010 (23-JIM-87) 11/09/87 Page -4- 13. MCCLELIM ROAD IMPROVE+EMS Precise alignment and grade of McClellan Road shall be subject to approval by the City Engineer. SECTION IV: CONDITIONS A H=STERED BY THE PLANNING DEPAF7LMIIJP 14. The final map shall reflect dedication in fee of the residual lands northerly of proposed Lot 4. Said area shall be landscaped, and a maintenance surety shall be provided, as described in Condition 14 of 7-U-87. The developer shall provide a maintenance easement in favor of the City of Cupertino for that portion of Lots 1-4 comprising the easterly slope as deemed appropriate by the Director of Public Works. Said area shall be landscaped by the developer who shall provide a 10-year financial surety for maintenance purposes. Landscaping details shall be furnished in context of the ccnprehensive landscape planting diagram required under Condition 19(D) of 7U-87 and shall be subject to staff approval. 15. = = CONFIGURATION Parcel lines for lots one through four shall extend easterly to the westerly right of way limit for McClellan Road. The northeast corner of Lot 4 shall be adjusted at the final map stage to encaqDass the adjacent retaining wall entirely on private property. 16. RETAINING WAIL The site's major retaining wall on the east side of the site shall be provided with tree pockets and other planting materials to cascade over and cover the wall, commencing southerly of Lot 4, as required under Condition 19 (C) (1) of 7 U-87. In accordance with Condition 18 of 7U-87, the developer shall establish a homeowner's association for the project. The purpose of said requirement is to provide for collective maintenance of the retaining wall structure maintenance of landscaping materials integral to the retaining wall shall be included within the 10-year financial surety provided under Condition 14 of this Resolution. RESOLUTION NO. 4010 (23-TM-87) 11/09/87 Page -5- PASSED AND ADOPTED this 9th dayof November, 1987 at a Regular Meetingof � �1 the Planning Commission of the City of Cupertino, State of California, by the following roll call vote: AYES: COMMISSIONERS: Adams, Claudy, Sorensen, Szabo and Chairman Mackenzie NOES: COMMISSIONERS: None ABSTAIN: COMMIISSIONERS: None ABSENT: COMMISSIONERS: None ATTEST: APPROVED: U2S-LerttriGlitA Robert Cowan Do ` cke 'iie, . -irman Director of Planning Cupertino Planning O. I 'ssion RES23TM87(P6)